The Indictment alleges that on or about November 12, 2006, Milburne and Gravely,
while both were inmates at the United States Penitentiary, Big Sandy, in Martin County,
conspired to murder fellow inmate Shamoni Peterson. The Indictment also alleges that
Milburne and Gravely beat and choked Peterson until he died. Milburne and Gravely are
also charged with tampering with physical evidence related to the murder.

James A. Zerhusen, United States Attorney for the Eastern District of Kentucky, and
Timothy D. Cox, Special Agent in Charge, Federal Bureau of Investigation, jointly made the
announcement yesterday after a federal grand jury in Ashland, Ky. returned the Indictment.

The investigation preceding the Indictment was conducted by the Federal Bureau of
Investigation, U.S. Department of Justice Office of the Inspector General, and the U.S.
Bureau of Prisons, USP Big Sandy Special Investigative Service. The Indictment was
presented to the grand jury by Assistant United States Attorneys Robert M. Duncan, Jr., and
Patrick H. Molloy.

Milburne and Gravely’s appearances before the United States District Court have not
yet been set by the Court in Ashland, Ky. If convicted, Milburne and Gravely each face a
maximum of life imprisonment. However, any sentence following conviction would be
imposed by the court after consideration of the United States Sentencing Guidelines and the
federal statute governing the imposition of sentences.

The indictment of a person by a grand jury is an accusation only, and that person is presumed innocent unless proven guilty.